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failed to comply with any of the terms of paragraph 1.1 or 1.2, the Contrac- <br />tor and the City Manager shall be so notified in writing. The City Manager <br />shall give the Contractor an opportunity to be heard, after 10 days written <br />notice. If the City Manager concurs in the finding of the Human Rights Coun- <br />cil, he/she may suspend, cancel, or terminate the principal contract in whole <br />or in part and/or withhold any funds due or to become due to the Contractor, <br />pending compliance by the Contractor and/or its subcontractors with the terms <br />of paragraphs 1.1 and 1.2. <br />1.4 Failure to comply with any of the terms of paragraphs 1.1 and 1.2 <br />shall be a material breach.of this contract. <br />1.5 The Contractor shall include the provisions of paragraphs 1.1 <br />through 1.4 so that such provisions will be binding upon each subcontractor. <br />2. Foreign Contractor Report to Department of Revenue <br />(ORS 279.021) <br />The following provision is applicable to all contracts with a contract <br />price exceeding $10,000 if the Contractor is not domiciled in or registered <br />to do business in the state of Oregon: <br />Where a public contract is awarded to a foreign Contractor and the <br />contract price exceeds $10,000, the Contractor shall promptly report to <br />the Department of Revenue on forms provided by the Department of Reve- <br />nue, the total contract price, terms of payment, length of contract and <br />such other information as the Department of Revenue may require. The <br />Contractor shall provide.the City with copies of all forms provided to <br />the Department of Revenue before final payment will be made on the con- <br />tract. <br />3. Payment of Laborers and Materialmen; Contributions to Industrial Acci- <br />dent Fund, Liens, and Withholding Taxes <br />(ORS 279.312) <br />The contractor shall: <br />3.1 Make payment promptly, as due, to all persons supplying to such <br />Contractor, labor or material for the prosecution of the work provided for in <br />such contract. <br />3.2 Pay all contributions or amounts due the Industrial Accident Fund <br />from such Contractor or subcontractor incurred in the performance of the <br />contract. <br />3.3 Not permit any ]ien or claim to be filed or prosecuted against the <br />City of Eugene or any subdivision or agency or employee thereof on account of <br />any labor or material furnished. <br />3.4 Pay to the Department of Revenue all sums withheld from employees <br />pursuant to ORS 316.167. <br />4. Payment of Claims by Public Officers <br />(ORS 279.314) <br />Personal Services Contract - 9 <br />